IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090009307 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the National Defense Service Medal, the Korea Defense Service Medal, the Army Reserve Components Achievement Medal, the Armed Forces Service Medal, and any other awards to which he may be entitled.

2.  The applicant states that he believes he is entitled to wear all of the medals that he earned while he was in the Army.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  On 7 February 1958, the applicant enlisted in the Regular Army in Fresno, California, for 3 years, in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Korea on 29 October 1959 and he was assigned to Company B, 1st Battle Group, 31st Infantry Regiment.

3.  The applicant returned to the Continental United States on 9 December 1960, and he was honorably released from active duty (REFRAD) on that date under the provisions of Army Regulation 635-205, as an overseas returnee.  He was transferred to the U. S. Army Reserve (USAR).

4.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Marksman Marksmanship Qualification Badge w/Automatic Rifle Bar, the Parachutist Badge, and the Marksman Marksmanship Qualification Badge w/Rifle Bar.

5.  On 15 December 2000, Permanent Orders 350-01 were published awarding the applicant the Good Conduct Medal for exemplary behavior, efficiency and fidelity in active military service.  A DD Form 215 (Correction to DD Form 214) was prepared to add this award to his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

7.  Army Regulation 600-8-22 provides that the Army Reserve Components Achievement Medal is authorized for award to Army personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years of service with a Reserve Component unit.  Individual’s must have completed 4 years of qualifying service on or after            3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal is reduced from 4 years to 3 years.  This change is not retroactive.  

8.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in an United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or (2) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation. 

9.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows:  (1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2)  all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  (1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be amended to include the National Defense Service Medal, the Korea Defense Service Medal, the Army Reserve Components Achievement Medal, the Armed Forces Service Medal, and any other awards to which he may be entitled.

2.  His contentions have been considered.  However, he does not meet the criteria contained in the applicable manual and/or regulation for award of the National Defense Service Medal, the Army Reserve Components Achievement Medal, or the Armed Forces Service Medal.  Therefore, these awards cannot be included on his DD Form 214.

3.  However, the applicant does meet the criteria contained in Army Regulation 600-8-22 for award of the Korea Defense Service Medal and his DD Form 214 should be amended to include this award.
4.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to include the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to include the National Defense Service Medal, the Army Reserve Components Achievement Medal, and the Armed Forces Service Medal. 




      _______ _  x _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090009307



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ABCMR Record of Proceedings (cont)                                         AR20090009307



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